Bill Text: TX HB3165 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to an affirmative defense to an allegation of truant conduct.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-06-04 - Effective immediately [HB3165 Detail]
Download: Texas-2021-HB3165-Enrolled.html
H.B. No. 3165 |
|
||
relating to an affirmative defense to an allegation of truant | ||
conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 65.003, Family Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(c) It is an affirmative defense to an allegation of truant | ||
conduct that one or more of the absences required to be proven: | ||
(1) have been excused by a school official or by the | ||
court; | ||
(2) [ |
||
involuntary; or | ||
(3) were due to the child's voluntary absence from the | ||
child's home because of abuse, as defined by Section 261.001. | ||
(d) The affirmative defense provided by Subsection (c) is | ||
not available if, after deducting the absences described by that | ||
subsection, [ |
||
[ |
||
(e) In asserting an affirmative defense described by | ||
Subsection (c), the [ |
||
preponderance of the evidence that the absence: | ||
(1) has been or should be excused; | ||
(2) [ |
||
(3) was due to the child's voluntary absence from the | ||
child's home because of abuse, as defined by Section 261.001. | ||
(f) A decision by the court to excuse an absence for | ||
purposes of an affirmative defense under Subsection (c) [ |
||
determine whether to excuse the absence for another purpose. | ||
SECTION 2. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3165 was passed by the House on April | ||
16, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3165 was passed by the Senate on May | ||
19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |